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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff successor corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. E Commercial Partnership (hereinafter “E”) was established as a member of the Defendant, etc., who is a person to be supplied with a site for livelihood countermeasures for the D Housing Site Development Project implemented by the Gyeonggi-do Urban Corporation.
B. On April 23, 2009, the Gyeonggi-do Si Corporation announced the change of the name of individual cooperative members on August 31, 2009 (hereinafter “the change of the name, etc. of individual cooperative members”) on the following grounds: (i) the qualification for application for the supply of the living countermeasure site is the “cooperative consisting of the persons selected and notified as eligible for the supply of the FF livelihood countermeasure site”; and (ii) the Gyeonggi-do Si Corporation announced that the change of the name, etc. of individual cooperative members is not allowed (Article 9(1)3); and (ii) the change of the name, etc. of individual cooperative members can be made two weeks after the date of the first contract on the matters concerning the restriction of the change of the name, and the general meeting minutes (the change of the union members) and the list of cooperative members (a seal imprint and a seal imprint) shall be submitted to the said Corporation.”
[2] Paragraph (2) of this Article]
Article 2 (Purpose) The purpose of the Cooperative is to promote the common interest of members by acquiring land for neighborhood facilities or commercial land (hereinafter referred to as "land") supplied to persons eligible for supply of land for livelihood countermeasures as part of living measures related to the development of the F housing site implemented by Gyeonggi-do, Suwon-si, and Gyeonggi-do (hereinafter referred to as the "Corporation") and settling business profits and losses, such as the construction of commercial buildings, etc.
Article 5 (Qualification) Members shall be persons selected by the Corporation as persons eligible for livelihood measures and who have submitted an application for joining a cooperative.
Article 6 (Rights and Duties of Members) Members of a cooperative shall have the following rights and duties in relation to the cooperative:
2. Right to speak and vote at a general meeting;
3. Land purchase price;